[HISTORY: Adopted by the Board of Trustees of the Village of Malone 7-25-1994 by L.L. No. 2, 1994. Amendments noted where applicable.]
Certain words, as used in this chapter, are defined as follows:
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted or lighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
- A park, reservation, recreation center or any other area in the Village of Malone owned and used by the public and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure used either wholly or in any part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
- PRIVATE RECEPTACLES
- A receptacle for the deposit of litter, garbage, refuse or rubbish that is privately owned, rented or leased. Trash cans and dumpsters shall be included in the definition of private receptacles.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, parking areas open to the public, alleys and any and all public parks, squares, spaces, grounds and public buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including ashes, street cleanings, dead animals, abandoned automobiles, dismantled vehicles, other abandoned personal property and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as circulars, leaflets, pamphlets, wrappers, handbills, newspapers and all and any other printed material, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, building materials and other like materials.
- The Village of Malone.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter, garbage, refuse or rubbish of any nature upon any public or private property, other than in a proper receptacle. It also shall be unlawful to deposit any material which by law should be recycled.
Receptacles and their servicing shall be required at the following public places: buildings held out for use by the public, including schools, government buildings and bus stations; drive-in restaurants; all street vendor locations; construction sites; gasoline service station islands; self-service refreshment areas; shopping plazas; and special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places, or the sponsors of these events, shall be responsible for providing and servicing the receptacles such that adequate containment of the material is available.
The village shall be responsible for the placement and servicing of receptacles in the active retail area and public parks. If, in the opinion of the Superintendent of Public Works and/or the Village Trustees, the public becomes abusive of the receptacles, the village may provide for their removal and the institution of a carry-in carry-out policy for litter, garbage, refuse or rubbish in public places.
It shall be unlawful to deposit litter generated off-site or any litter which by law should be recycled.
No person shall throw or deposit litter in any fountain, pond, lake, river, stream or any other body of water within the village.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place or private property within the village.
No person shall throw or deposit litter, garbage, refuse or rubbish on any private property within the village, whether owned by such person or not, except the owner or person in control of private property may maintain authorized private receptacles for collection.
Such owner or person in control of private property shall at all times maintain the premises free of litter, garbage, refuse or rubbish; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collections.
Such receptacles are to be kept clean and from public view except on collection day(s).
No person shall throw or deposit litter in any park within the village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter, garbage, refuse or rubbish shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw or deposit litter on any open or vacant private property within the village, whether or not owned by such person.
No person shall sweep into or deposit into any gutter or street within the village any accumulation of litter as defined herein, including but not limited to leaves, grass clippings or other land or garden waste, except that a person may deposit leaves into the gutter or street immediately in front of his/her property during periods announced by the village for pickup or collection thereof.
Persons owning or occupying a place of business or a place of residence shall keep the sidewalks, entrance walks and parking areas in front of or upon their premises free of litter.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any material which constitutes litter, garbage, refuse or rubbish has fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all such material and shall pay the cost thereof. It also shall be unlawful to park any vehicle used for the commercial collection of garbage, litter, refuse or rubbish in any residentially zoned area or on any village street except as necessary for the actual collection of said materials.
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter, garbage, refuse or rubbish before, during or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, area ways, front yards, side yards, back yards, courts and alleys free from accumulation of litter, garbage, refuse or rubbish.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Office, and said office is charged with the duty to enforce this chapter and, to that end, to make and sign complaints for violations in the Village Court of the Village of Malone.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of $50 for the first offense and a maximum fine of $100 for each subsequent offense. Any person convicted of illegally depositing more than five pounds of litter, garbage, refuse or rubbish shall be guilty of a misdemeanor and shall be fined a minimum of $500, or imprisoned for a term not to exceed 15 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.